
This post has been modified from its original form. See deletions and italicized phrases below.
Despite initial plans to wait until a civil lawsuit was over, Durham's City Council has now decided it will consider at a meeting Feb. 20 whether to grant utilities to Southern Durham Development. The company wants to build 751 South, a large mixed-use project in southwest Durham controversial in part because of its proximity to Jordan Lake.
The council met during a closed session Thursday with City Attorney Patrick Baker to consider a request from SDD to grant water lines and the use of storm drainage and sewer systems for the project. Baker said the session was not public because he was providing legal advice to the council covered by attorney-client privilege.
SDD made the original request in April 2010, but city council members decided in August 2011 that they wanted to wait until a civil lawsuit related to the development had been resolved. A judge recently dismissed the lawsuit the plaintiffs, Chancellor's Ridge Homeowners Association, brought against Durham County. The plaintiffs announced they would appeal.
In the meeting, council members indicated that they wanted to delay their decision until after the appeals process had concluded. The council isn't bound by its August decision and is free to change course, Baker said Thursday.
The council also isn't required to hold a public hearing on the utility extension agreement, Baker said. The council could opt to allow public comment at the meeting, and could vote on that date, or defer the matter.
But the application has already been deferred by 21 months, Cal Cunningham, an attorney for SDD, pointed out in a recent letter to Baker (PDF). The company paid the appropriate fees to the city when it filed the application in April 2010, Cunningham wrote, and the application materials indicated a decision would be made within five months.
SDD had originally asked the council to consider annexing the 167 acres on which 751 South would be built. Becoming part of the city limits would entitle the property to services such as water, wastewater treatment, police and fire services. But a city analysis determined that the city could potentially spend as much as $1 million by providing services to the property before the tax revenue from the project would help the city break even.
When it became evident the numbers wouldn't add up in the city's favor, SDD changed its request. Instead of asking for annexation, it just asked the city to consider providing provide water, stormwater and sewer services without annexation. That's the request discussion that was tabled in August, and is now coming before council again Feb. 20.
A group of 20 anti-capitalist protesters occupied CVS-owned in property in downtown Carrboro for three hours Saturday night before walking out at the strong encouragement of town police and Carrboro Mayor Mark Chilton, who each told them they would be charged with breaking and entering if they did not leave.
The demonstration concerned a forthcoming rezoning application from CVS to build a two-story, 24,000 square foot building at 201 N. Greensboro St., to house a 24-hour drug store and office space.
The anarchist demonstrators, who call themselves "Carrboro Commune" and align with "Occupy Everything," would rather the site be used for a community center, free school, health clinic or performance space.
Maria Rowan stood outside the building handing out fliers inviting passersby to an open assembly at 4 p.m. Sunday to discuss what to do with the building.
"It's my personal hope that the community reclaims our vision for this land and make it clear that multinational corporations and their money are not more important than people," she said
Upon exiting at 7:10 p.m. wearing black bandanas for masks and carrying black flags, Carrboro Commune members promised more occupations and engaged in a heated discussion with Chilton.
They derided the mayor for enforcing property law. Some hurled expletives at him. They said police are one command away from being Nazis.
"I don't think treating your fellow human beings that way is going to get us anywhere," Chilton fired back.
"Look under here, it's skin" he said, pointing to his shirt.
Press release below. More to come, I'm sure.

Durham’s planning department held a public meeting Thursday to determine whether Greenfire Development, which owns more than 25 properties downtown, neglected its historic Liberty Warehouse property on Rigsbee Avenue. Part of the roof over one of the two adjoining warehouses at 611 and 613 Rigsbee Avenue collapsed in heavy rains last May, displacing several artists and art nonprofits. (See a map on all Greenfire Development properties)
The incident also generated questions about the management of Greenfire’s historic properties, and whether the local company was on track with its large-scale redevelopment plans for downtown; They include the renovation of the former SunTrust building into a boutique hotel, the redevelopment of an adjacent Main Street site that used to house a Woolworth’s store, and a newly announced venture to build 88 apartments on an acre just north of the American Tobacco campus.
If Durham’s planning officials find that Greenfire didn’t do enough to maintain its historic property (called demolition by neglect, see p. 85 of the Unified Development Ordinance) and the company fails to meet future deadlines for repairs, it could be subject to civil fines of $500 a day and other legal action. Planning Director Steve Medlin said he expects to make a decision by the end of next week. If he does find Greenfire neglected the property, he’ll set a final deadline for the repairs. The city would take civil action only if the company misses those new deadlines, Medlin said. The goal isn’t to fine Greenfire, he said—it’s just to get the building fixed.
Greenfire has had seven months to repair damage inside the former tobacco auction warehouses from what city inspectors determined to be longtime leaks resulting in water damage and wood rot. After the collapse and subsequent inspections, the city condemned the building and two organizations central to the area’s arts community, including The Scrap Exchange and a portion of the operations for the Liberty Arts bronze-casting foundry were forced to relocate.
Medlin began his “demolition by neglect” investigation soon after the collapse, but suspended it and allowed the company to make the necessary repairs by the end of January. Now that the repairs still aren’t complete, Medlin said he had to resume the investigation.
“To my knowledge they did not do any repairs to the portion of the building where the roof collapsed,” Medlin said, adding that, as of last month when he entered the building, there was still a tarp covering the roof breach in the building at 611 Rigsbee Ave.
Greenfire has so far spent $105,000 to stabilize the building and has committed another $20,000 for more repairs, said Managing Partner Paul Smith. But there’s still that hole, covered by a tarp. Economically, it doesn’t make sense to replace the roof at a cost of more than $1 million when the company has long-term plans to totally redevelop the site, Smith said.
Erskine Bowles announced today that he won’t run for governor.
The former UNC-system president who served as chief of staff in the Clinton Administration and twice ran for U.S. Senate and said there are other ways besides serving in Raleigh to make a difference.
Bowles’s name recognition and status as a successful investment banker and co-chairman of a President Obama’s bipartisan budget deficit commission made him an obvious choice for the position once Gov. Bev Perdue made her announcement last week that she won’t seek a second term.
In a poll released earlier this week, Public Policy Polling found Bowles as the most likely Democrat to defeat Republican hopeful Pat McCrory, a former Charlotte mayor who Perdue beat in 2008.
N.C. House Rep. Bill Faison, D-Caswell, Orange, and Lt. Gov. Walter Dalton are the only two candidates to jump in the raise so far, though a gaggle of contenders were waiting to see what Bowles would do before making their intentions known.
Dalton released a statement offering his respect and admiration for Bowles.
“We’ve worked together throughout the years on many issues and he’s a true public servant,” it reads. “I feel confident he will remain an influential voice in state and national policy.”
N.C. House Minority Leader Joe Hackney announced his retirement this morning, opting not to wage a re-election campaign against long-time colleague Rep. Verla Insko, D-Orange.
The two veteran legislators were drawn into the same district, the 56th, by the Republican-produced new maps last year.
Hackney will stay in office until his tenure ends in January.Hackney has served 16 terms, 32 years, in the General Assembly representing the 54th district, which includes Orange, Chatham and Moore counties. He was elected Speaker of the House in 2007 following Jim Black’s removal. He severed as president of the National Conference of State Legislatures.
Most public school officials won't be shy if you ask them how a charter school impacts their local budgets. For every student who is eligible to enroll in a traditional public school but chooses to attend a charter, the student's home school system must send the charter a chunk of money. In short, the money follows the student through the public system.
At a meeting of the State Board of Education (SBE) this morning in Raleigh, one state official likened the payments to alimony—painful in many cases, but necessary by law. In a district such as Durham County, with eight charter schools, the pass-through money totals more than $10 million a year, according to a recent statement from Durham Superintendent Eric Becoats. Durham has the highest market share of charter schools in the state, Becoats wrote. (PDF)
But will that stop the SBE from approving any more charters in Durham? It's hard to say.
On Wednesday and Thursday, the SBE is scheduled to consider nine applications for new charter schools to open this fall. Board members will merely discuss this week, and take a final vote in the beginning of March.
The board reviewed impact statements that school districts provided on the nine pending applications, said Joel Medley, director of the state's Office of Charter Schools. But moving forward, board members agreed, they need more specific policies on what data the impact statements should include, and how the impact statements would figure into their decisions.
Reports from local school districts are varied and inconsistent—if the districts even send one—that there's really no standard for the weight they should carry as SBE members consider a charter application. The board discussed identifying specific questions that school districts should answer. Chairman Bill Harrison said the board needs to discuss how the board should weigh the impact on traditional public schools without creating inroads or barriers for either side.
Say, for instance, a school district gets to a point where half its students are enrolled in a charter school, Harrison said. "Is that [school district] going to provide an efficient education for the children who are remaining? It could be debatable, but probably not," he said. But, the state also can't definitively say that once a school district loses half its students, the charter can't expand any more, he said.
"I think we need to frame this conversation," Harrison said. "It's an important time in the history of public education in North Carolina ... and it’s my preference and my desire that we strengthen the opportunities for all kids."
The N.C. Department of Public Instruction is expecting to receive 50 to 70 more applications for new or expanded charter schools in April, Medley said. Expecting the slew, the SBE needs to work quickly on setting some more specific parameters, board members agreed.
"We don't know where this is going, but we do know this is time sensitive," said board member Wayne McDevitt, of Marshall.
Look for this topic to come up again when the state board begins its monthly meeting Wednesday at 10 a.m. and stretches to Thursday. Look for coverage on Staff Writer Bob Geary's blog, Citizen.
The Orange County Board of Commissioners are committed to closing the local landfill, a burden that the Rogers Road-Eubanks community has been saddled with for 40 years now, in June 2013.
But, at last night’s Assembly of Governments meeting, leaders from the three Orange municipalities who dump garbage there as part of an interlocal agreement said they want to work together but differ on how to move forward. They have just 17 months to decide.
Chapel Hill is hiring a consultant, hopefully next month, to study its options and wants to consider keeping trash local and converting it to energy.
Carrboro is balking at the cost, both in dollars and in pollution, of the county’s plan to transport waste to Durham’s transfer station and then onto a landfill in Virginia. The Board of Alderman unanimously supports studying the feasibility of building a waste transfer station in Chapel Hill near the northwest intersection of N.C. Hwy 86 and I-40.
Hillsborough is OK with whatever everyone else decides so long as it doesn’t cost significantly more than what is being done now.
All want to offer remediation for Rogers-Eubanks and agreed to form a task force to work on creating a lasting community center for the neighborhood and on providing the water and sewer connections for neighbors that were promised when the site was built in 1972.
The Chapel Hill Town Council voted Monday night to continue discussing the next steps to take in the investigation of the recent police raid on squatters in the vacant Yates Motor Company building, but there was little enthusiasm for an advisory group’s proposal to hire an independent investigator.
The Community Policing Advisory Council (CPAC) had recommended that an independent investigator could provide more factual evidence about the Nov. 13 incident. The CPAC and some residents had expressed concern about possible biases in a report about the incident filed by Town Manager Roger Stancil.
Ronald Bogle, chairman of CPAC, said he left the meeting “confused about the exact intentions of this council.” He also expressed concern about the role and expectations of the recently created CPAC, a volunteer board. Bogle told the Town Council he would “respect any decision you make” about pursuing an independent investigation.
An attorney for plaintiffs in the civil lawsuit over the controversial 751 South development filed a notice in court Friday that they'll appeal a judge's ruling in favor of Durham County and the developers.
Property owners near the land to be developed, including the Chancellor's Ridge Homeowners Association, sued the county in 2010 over the county's decision to rezone the proposed site of the development. The 167 acres along N.C. 751 in the southwestern part of Durham County is in the watershed of Jordan Lake, a source of drinking water for several communities in the region. Neighbors and other opponents say they don't want to see such a dense development near the lake, arguing it will cause further environmental harm and traffic jams on N.C. 751.
Earlier this month, Superior Court Judge Henry Hight dismissed the lawsuit at the request of the defendant, Durham County, and Southern Durham Development, which had intervened in the case as an interested party.
It's unclear whether the appeal could cause additional hearings before the case heads to the N.C. Court of Appeals.
In related news, Southern Durham Development has not responded to a request from the Indy for information on $142,000 in overdue property taxes the company owes to Durham County. According to the county's online billing system, the taxes had not been paid as of Friday afternoon.
Farm and Garden now has Full Steam Growlers...yeee haww
by Fritx on At the gas station, biscuits, tortillas—and community (Food Feature)
Michael Pollan,
Amen, Amen, Amen!! Your comment was excellently put. Thanks so much for writing in! …
by jwaters on Carrboro Commune occupies CVS building (Orange County)